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Shaji Joseph (Lawyer)     19 June 2009

Review of L.Chandrakumar case

Whether the Law Commission has recommended that L.Chandra Kumar's case (JT 1997 (3) SC 589) be reviewed by the Supreme Court?  



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Prakash Yedhula (Lawyer)     19 June 2009

Yes. The recommendations of the Law Commission Report No. 215, December 2008 is as follows:

"The Administrative Tribunals were conceived as and constitute an effective and real substitute for the High Courts as regards service matters. Moreover, the power of judicial review of the High Courts cannot be called as inviolable as that of the Supreme Court. The very objective behind the establishment of the Administrative Tribunals is defeated if all the cases adjudicated by them have to go before the concerned High Courts. If one appeal is considered to be a must, an intra-tribunal appeal would be the best option, and then the matter can be taken to the Supreme Court by way of special leave petition under article 136. The Law Commission is of the view that L. Chandra Kumar’s case needs to be revisited by a Larger Bench of the Supreme Court or necessary and appropriate amendments may be effected in the Act in accordance with law and we have recommended accordingly."




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